Q: Why does public administrator get the money that is not claimed by other heirs??
Mother passed, no will or trust. Property defaulted on taxes. There are four children/adults. Public administrator took over. Final probate court date next month. When I went in to take proof she is my mother, I asked what happens if my brothers don't step forward and do anything? I was told that their portions would be held in account for six months and if not claimed the money would then go to the state of California. How is it that the state of California is more deserving of her estate than the heirs that step forward?? Please please help me. Is there ANYTHING I can do to change this?? Redding, ca
A:
Dear Redding CA:
I think you misunderstood what the public administrator said. In California, unclaimed property, such as the estate shares due your brothers, is placed eventually placed with the State of California's Controller's office Unclaimed Property Division. The owner can then recover the property from that office. For more information, please see their website:
https://www.sco.ca.gov/upd_msg.html
However, if you know your brother's whereabouts, you should make sure that the administrator has their contact information. This requires the administrator to ensure that your brothers received proper notice.
If any of your brothers are deceased, you will want to let the administrator know this as well. This would alter how the estate is distributed.
If you wish further information, you or your brothers should contact a qualified attorney. If you do not know where to find an attorney, your local county bar association can provide a referral though their legal referral service. The service matches you with an attorney who provides a consultation at no or a nominal fee.
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